MATTER OF MARINELLI


195 A.D.2d 741 (1993)

600 N.Y.S.2d 305

In the Matter of the Claim of Josephine Marinelli, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1993


On claimant's last day of employment she had a disagreement with her supervisor. It is alleged that during the course of the argument claimant directed an ethnic slur at her supervisor. Although claimant denied making the comment, she admitted that the office manager told her to apologize after the argument and that she was discharged when she refused. On claimant's application for unemployment insurance benefits, however, she indicated that the reason for her separation...

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